Mahesh Matta v. Sai Meghna Lokesh Shetty And ANR

904crwp262.doc ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.262 OF 2020 Mahesh Matta

...Petitioner

vs.

1 Smt.Sai Meghna Lokesh Shetty 2 State of Maharashtra

...Respondents

Mr.Dinesh Tiwari i/b Dinesh Tiwari & Associates for the petitioner Mr.J.P.Yagnik, APP for State Mr.Siddharth Jaiswal for the respondent No.1 Digitally signed by ShubhaS.

Pathak Date:

2020.02.15 12:01:20 +0530 CORAM : RANJIT MORE & SURENDRA P.TAVADE, JJ.

ShubhaS.

Pathak DATE : FEBRUARY 13, 2020.

P. C. :

.

Heard the learned counsel for the petitioner, learned APP for State and learned counsel for respondent No.1. The petition is filed for quashing and setting aside the C.R.no.384 of 2019 registered with Khar Police Station for the offence punishable under sections 354(A), 506 and 509 of the Indian Penal Code,1860.

Pending investigation, the parties have settled the dispute out of Court and have approached this Court for quashing the FIR filed by the respondent No.1. The complainant-respondent No.1 has filed affidavit s 1/2

904crwp262.doc dated 13th January 2020. In paragraph 6 she has given no objection for quashing the FIR. In paragraph 7, she has specifically stated that the affidavit is filed by free will and without any coercion or undue influence. It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially, in view of the law laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], we find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes.

4.

Accordingly, the application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.20000/- by the applicants to the Tata Memorial Hospital an institution that takes care of the advanced and terminally ill cancer patients. The applicant shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which, the criminal application shall stand dismissed automatically without further reference to the Court. [SURENDRA P.TAVADE, J.] [RANJIT MORE, J.] s 2/2